ה ' חשו תשע”ה Wednesday, October 30, 2014 יבמות כ”ה Daf Digest for this month is dedicated לעילוי נשמת צבי ב יחזקאל יוס גרי , מחסידי דעעש From the Grin family, Sao Paulo, Brazil OVERVIEW of the Daf Distinctive INSIGHT 1) Suspected adultery (cont.) Under what circumstances can the messenger marry the After the Gemara resolves the challenge to Rav by explaining woman? הת ליכא כתבא הכא איכא כתבא -that the Baraisa follows the conflicting opinion of Rebbi, the Ge mara rules like Rav and like Rebbi, which is seemingly contradic- tory. T he Gemara contrasts two situations, one where a witness is The Gemara differentiates between a rumor that stopped and believed, and the other where he is not believed. From our Mish- from within גט a rumor that did not stop. nah we infer that if a witness comes and brings a Abaye defines a rumor that did not stop as a rumor that con- Eretz Yisroel, the witness is believed, and he may even marry the tinued for a day and a half. woman about whom the document speaks. We are not relying Additional qualifications concerning rumors are presented. upon the witness’ testimony, as there is no need for his confirma- In a case where the . לשמה having been written גט The marriage between the suspected adulterer and adulteress tion of the (2 Rabbah bar Huna inquired about a man who divorced his wife witness comes and testifies that the husband has died, we allow because of her bad reputation and then illegally remarried her, is the woman to remarry, but here, again, this ruling is not due to he required to divorce her? the testimony of the witness per se, but rather due to the convic- Rabbah bar R’ Nachman cited our Mishnah, if a man was sus- tion of the woman herself, that she is confident that her husband pected of cohabiting with a married woman and after her divorce is actually dead. Yet in this second case, we do not allow the wit- he married her they must divorce, as an answer to Rabbah bar ness to marry the woman. Why do we allow the witness to marry Huna’s inquiry. the woman in the case of the divorce document, but not in the Rabbah bar Huna successfully challenges the parallel between case where he testified that the man died? we have a גט the two cases. The Gemara answers that in the case of the 3) MISHNAH: The Mishnah presents cases where a person who document upon which to rely. In the case of the testimony, we testified that a married woman is no longer married is not allowed have no document at all, so we are actually relying upon the wit- to marry her because of the fear that he falsified the testimony. ness to a greater degree. Proof that this contrast is valid is from 4) Cases that do not require testimony the case of the five women who are adversaries with a man’s wife The Gemara infers that had the man brought the get from (117a). Even though they are not believed to say the husband בפני נכתב and say גט Eretz Yisroel where we do not rely on his testimony the agent is died, they are nevertheless trusted to bring a . ובפני נחת permitted to marry the woman. This is seemingly contradicted by גט asks why the five women are believed to bring a נימוקי יוס -the Mishnah’s ruling that if a man testifies that a woman’s hus band died and we do not rely on his testimony, he may not marry and verify it from outside Eretz Yisroel, but the messenger in our her. Mishnah is not believed in this case. He answers that the five The Gemara distinguishes between a case where there is a women are suspected of animosity and hatred. When they bring a document and one where there is not. document, this suspicion is removed. The messenger, however, is 5) A witness who is a sinner suspected of desiring to marry this woman. Here, his bringing a .to court actually adds to this suspicion, so he is not believed גט -The implication of the Mishnah is that the testimony of a sin ner is accepted and yet there is a teaching of R’ Yosef that indicates that the testimony of a sinner is not admissible. After rejecting a proposed answer the Gemara concludes that R’ Yosef and R’ Menashe both explain how their position could fit REVIEW and Remember even with the opinion of Rabanan. 1. How long must a rumor circulate to be considered real? 6) Clarifying R’ Yehudah’s position _________________________________________ The Gemara explains that the reason in the case of, “we killed 2. Why is the agent who delivers a get from out of the country him,” the witness is believed is that he only testifies that he was not permitted to marry the woman who’s get he delivered? with those who killed. _________________________________________ The explanation is supported by a Baraisa. 3. Why is a person unable to establish himself as a sinner? A matter related to this Baraisa is clarified. ________________________________________ 7) MISHNAH: The Mishnah presents one case where a Talmid ? מיאו How many people must be present when a minor does .4 Chacham would not be permitted to marry a woman he helped _________________________________________ (Overview...Continued on page 2) יבמות כ ה” – Number 820 (Overview...Continued from page 1) free from marriage and two cases where he is permitted to marry HALACHAH Highlight the woman he freed from marriage. Honoring a non-biological parent 8) Releasing a woman from her vow The implication of the Mishnah is that a Talmid Chacham אמר אביי אמרה לי א וכו ’ ’ Abaye said, “My mother told me…” may release a woman from her vow. The Gemara clarifies that the Mishnah refers to an individual who is a recognized expert. 1 I n a number of places Rashi mentions that the person Abaye 9) Clarifying the Mishnah identifies as his mother is not, in fact, his mother because Abaye was It is noted that the Mishnah’s reference to a Beis Din oversee- is to teach that mi’un requires three scholars rather than מיאו orphaned. Rather, the woman Abaye identifies as his mother is the ing woman who raised him. This principle, that one can refer to a non- two as one opinion maintains. biological parent as a parent is mentioned explicitly in the Gemara 10) The scholar and the agent 2 in Megilla . In Divrei Hayamim, Basya bas Pharoah is identified as R’ Kahana and R’ Ashi dispute whether the scholar or the the one who gave birth to Moshe Rabbeinu. This reference is chal- agent must get divorced if he illegally married the woman, men- lenged by the Gemara since Basya merely raised him but did not give tioned in the Mishnah, he was not permitted to marry. birth to him. The Gemara answers with the principle that whoever R’ Zuti ruled like R’ Ashi that a divorce is not necessary. raises an orphan in their home is credited with having given birth to R’ Ashi, in response to an inquiry, explained that the basis of 3 him. Rav Moshe Sofer , the Chasam Sofer, also points to a source his ruling is derived from a Mishnah. that indicates that a step-child can be identified as one’s child. The Torah refers to Serach bas Asher (Bemidbar 26:46) but Ramban 4 child’s obligation to recite kaddish for a parent. In those places notes that Serach was not the biological daughter of Asher, rather where the custom is for the mourners to take turns reciting kaddish she was his wife’s daughter. Nevertheless, since Asher raised her, the there is a hierarchy to be followed to determine which mourner will Torah considers it as if he was her father. recite each kaddish. In the event that there are numerous mourners, Rav Menashe Klein 5, the Mishnah Halachos, was asked whether those who are reciting kaddish for a step-parent do not share the a step-son could observe mourning practices for his stepmother. same level of obligation to recite kaddish, and those mourning a Mishnah Halachos responded that if the step-mother does not have biological parent do not have to forgo their privilege for someone a child to say kaddish for her it is permitted for her stepson to recite who is reciting kaddish for a step-parent. .1 ע ’ רש” י כתובות לט ”ד: ה אמרה ובגיטי לד ”ד: ה והלכתא -kaddish, study mishnayos and give tzedaka on her behalf. The obser .2 גמ ’ מגילה יג vation of mourning practices, on the other hand, is restricted to .3 ”שו ת חת” ס או” ח קס” ד ד” ה ובנדו -biological children and should not be observed by stepchildren. Fur .4 רמב” במדבר כ מ:ו” ו” thermore 6, the permission for a step-son to recite kaddish on behalf .5 ”שו ת משנה הלכות ח” י סע ’ ג”קנ ג”קנ of his step-mother is not considered to be on the same level as a .6 ”שו ת חת” ס הנ ל” ל” now. Won’t you help me?” “Could you do a couple more so it looks “Nu?” said the bandit, clearly in a rush completely realistic?” STORIES Off the Daf to make his getaway. “I think three bullet holes is enough,” No one considers himself wicked! “That’s not only my money that I gave demurred the thief, “But if you really want ”…you—it is also the return on the investments me to אי אד משי עצמו רשע of others! They will never believe that I was “Just one more,” begged the victim.